Law:

Section:

Punjab Pre-emption Act (I of 1913)-------S. 28---Decree obtained by pre-emptor in violation of S.28 of Punjab Pre-emption Act, 1913 during pendency of rival pre-emptor's suit---Validity---Suit of pre-emptor for non-impleading therein rival pre-emptor would not be thrown out as being collusive or non-maintainable---Such decree would neither be a valid decree nor be binding on rival pre­emptor---Court, on coming to know of such decree, besides impleadmg pre-emptor as party in rival pre-emptor's suit, must requisition file of pre-emptor's suit and initiate therein proceedings in terms of S.28 of Punjab Pre-emption Act, 1913 and then decide legality or otherwise of such decree---Rival pre-emptor in presence of such decree would still have to prove his superior right in his suit as against pre-emptor and vendee---Principles. Keshri Kmnar Singh v. Ran Swaroop Singh and others AIR 1942 Oudh 19 ref. Zahoor Alam and others v. Fazal Hussain and others 1991 SCMR 763; Mahmood Khan v. Khan Muhammad and 5 others PLD 1973 Lah. 806 and Ghulam Tayyib v. Shahro Khan and others PLD 1962 (W.P.) BJ 1 rel. Iqbal Abid Chaudhry for Appellants. Javed Akhtar Vains for Respondent No.1. Ch. Abdul Ghani for Respondents Nos.2 and 3. Dates of hearing: 16th and 23rd April, 2007. JUDGMENT MUHAMMAD JEHANGHIR ARSHAD, J.--- This R.S.A. is' directed against the judgment dated 18-1-1984 passed by learned Civil Judge 1st. Class, Chichawatni decreeing pre-emption suit of the respondent Umar Din and the judgment dated 17-10-1988 passed by learned District Judge, Sahiwal rejecting the 1st appeal of the appellants against judgment and decree of learned trial Court dated 18-1-1984. 2. The facts in brief are that Falak Sher and Ghulam Muhammad respondents Nos.2 and 3 filed a declaratory suit with regard to land measuring 69 Kanals, 16 Marlas situated in Chak No.31/11-L Tehsil Chichawatni District Sahiwal on 21-3-1974 against Mst. Imam Bibi and Mst. Karam Bibi daughters of Imam Din, vide plaint Exh.P.4. Mst. Imam Bibi and Mst. Karam Bibi respondents appeared in the said civil suit through their general attorney namely Jamal Din and filed consenting written statement Exh.P.5 admitting the claim of Falak…

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